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Yar’Adua’s Absence And Issues Of Constitution

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On November 23, 2009, President Umaru Musa yar’Adua was flown to Saudi Arabia for medical treatment. It is now over 50 days and the President has not yet returned or written to the National Assembly in accordance with the constitution.

The President long absence has been attributable to the nature of his ill-health. In his physician’s statement, President Yar’Adua suffered from acute pericarditis, an inflammation of the linning surrounding the heart.

The long absence of the President has apparently heightened the apprehensions of Nigerians over the nation’s political direction and foreign policy especially in the face of united States listing Nigeria on a terriorist watch.

The unending debate over the appropriate procedure to be followed by the President before travelling out for medical treatment has remained unabated with Nigerians having divergent opinions.

Going by the 1999 constitution, the President has the obligation to write to the National Assembly for official leave, thus empowering the vice President to act pending full recuperation.

But the President has not done that resulting in different political permutations.

This flaw has given room to various political groups and eminent citizens calling for strict adherent to the provisions of the constitution. A group of legal practitioners under the auspices of lawyers of conscience have given the President till January 31 to resign or be removed by the National Assembly failing which Nigerians will be mobilized by the group to take their destiny into their hands by any legitimate means possible.

As ministers in the temple of Justice, they have a statutory obligation to critically examine the provisions of the relevant sections 144 and 146 of the 1999 constitution objectively rather than mere statement of sentiment considered on the premises of heating  the  polity.

But the lawyers of conscience must agree that one of the major constitutional problems of this country is the noticeable lacuna in the 1999 constitution. These Lacuna no doubt urgently needs amendment. That is why Nigerians must support the National Assembly to expedite action on the constitutional amendment process in order to address these inadequacies and Lacuna.

We shared in the view of the lawyers that Nigeria cannot be greping in the dark without effective political leader for the past one and half month. But as Nigerians, we need to collectively prays for the quick recuperation of the President and for him to return home and direct the affairs of the country.

However, it is important to evaluate the application of sections 144 and 146 of the 1999 constitution vis-a vis the illness of the President. Section 144 (1) states that the President or Vice president shall cease to hold office if by a resolution passed by two-third majority of all the members of the Executive Council of the federation it is declared that the President or Vice President is incapable of discharging the functions of his office. Section 144 (1) (b) says the declaration is verified after such medical examination as may be necessary  by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

The medical panel to which this section relates shall be appointed by the President of the Senate and shall comprise five medical practitioners one of whom shall be the personal physician of the holder of the office of the president or Vice President.

While section 146 (1) states that the Vice president shall hold the office of President if the office of President become vacant by reason of death or resignation, impeachment permanently incapacitate or the removal of the president from office for any other reason in accordance with the relevant provisions of the constitution.

However, the pertinent question is has president Yar’Adua be found incapacitated to perform his official duties due to his illness and long absence?, Is there any laid down certification of his medical incapability to perform the functions of the office of the President? Has any Panel of medical Practitioners certified the President incapable.

Nigerians must collectively pray for good health and survival of President Yar’Adua  but there is need to rise to the challenge of truly ascertaining the exact state of the President’s health.

When the true state of the President’s health is ascertain of being permanently incapable, then the vice president can assume the  position of Acting President rather than some of the nation’s eminent leaders organizing rally over health matter of our President The 1999 constitution should moderate. Our collective conduct towards moving our nation forbard.

 

Philip-WuWu Okparaji

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LG Chairman-Elect Blames Insecurity On Parental Failure

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Chairman-elect of Southern Ijaw Local Government Area of Bayelsa State, Hon. Target Segibo has alleged that the prevalent security challenges in some communities of the local government area could be traceable to parental failure on one hand, and frivolous lifestyle of children and wards involved in crime and criminality in the area on the other hand.
Segibo, who was a pioneer member of the State House of Assembly between 1999-2003, stated this in Yenagoa, the state capital recently while fielding questions from newsmen shortly after receiving his Certificate of Return from the Bayelsa State Independent Electoral Commission (BYSIEC).
He indicated his continued desire to work for the peace and rapid socio-economic development of the local government, noting that having been actively involved in the politics of the area for decades now, he was more grounded in working on modalities towards ensuring enduring peace and unity in troubled communities of the area.
The Chairman-elect who also lauded the state governor, Senator Douye Diri, the state’s leadership of the Peoples Democratic Party (PDP) and the electorate for finding him worthy to be elected Chairman of the local government, called on parents/guardiance not to renege on their primary responsibilities of watching over their children and wards, arguing that as the largest local government area in the state, Southern Ijaw should also be noted for peace and development.
“For over 20 years, I’ve been living peacefully with all my neighbours, both at home in Oporoma, headquarters of Southern Ijaw LGA and here, in Yenagoa.
“I’ve grown up children, but I don’t give them more than what they needed as students to go to school and stay okay as a father because I discovered that most of the security challenges we’re facing today in the Southern Ijaw LGA, and other parts of the state, is traceable to parental failure and children’s wanting to lead a frivolous lifestyle”, he said.
“As parents/guardians we should be able to know the kind of friends our children/wards keep. We must not pamper them. We must tell them that they have to do something legal to earn a living. We must question any source of sudden wealth and affluence on the part of our children and wards.
“But I want to assure our people of Southern Ijaw that as their incoming Chairman, when I’m sworn-in, having been actively participating in the politics and other activities of the area, collectively we’ll work to ensure enduring peace, unity and development of the LGA”, he added.

By: Ariwera Ibibo-Howells, Yenagoa

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Bayelsa Assembly Grills, Confirms Diri’s Commissioner- Nominees 

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The Bayelsa State House of Assembly has screened and confirmed the first batch of Commissioner-nominees for Governor Diri’s second term State Executive Council.
The Tide gathered that the State Chief Executive in a bid to form his cabinet for his second tenure had earlier submitted a list of 14 names to the state legislature for confirmation as commissioners.
However, The Tide reports that only 13 out of the 14 nominees attended the constitutional exercise of the lawmakers.
Though no official reasons have been given, the immediate past Commissioner for Sports, who is also a former member of the state Assembly, Hon. Daniel Igali, was conspicuously absent during the screening exercise.
Inline with the House’s rules and Standing Orders, two other former members of the state Assembly who were also part of the nominees, Dr Gentle Emelah, immediate past Commissioner for Education, and Mrs Ebiwou Koku-Obiyai, were simply asked to take a bow and leave.
Following the exhaustive grilling, however, the immediate past Commissioner for Justice and Attorney-General, Mr Biriyai  Dambo, SAN, his Finance counterpart, Mr Maxwell Ebibai, were confirmed.
Also confirmed were the immediate past Works and Infrastructure Commissioner, Moses Teibowei, Mrs Koku Obiyai, Dr Gentle Emelah, Ayibakipreye Brodericks, George Ekpotuatein Flint and Komuko Akari Kharim.
Furthermore, Mr Perepuighe Biewari, Dr Jones Ebieri, Barr. Peter Afagha, Mrs Bidei Elizabeth and Michael Magbisa received the nod to be appointed commissioners by the state lawmakers.
In his advice to the nominees shortly after their screening, Deputy Speaker of the House, Rt. Hon. Michael Ogbere, enjoined the Commissioner hopefuls to work as a team with those they will meet on ground, admonishing that they remain loyal to the government at all times.
On his part,  Leader of the House, Hon. Monday-Bubou Obolo, said the people of the state expect a lot trom them and that the House will do its best to keep them on their toes through its oversight functions while giving them the needed legislative support where necessary.

By: Ariwera Ibibo-Howells, Yenagoa

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NEC Meeting: PDP’ll Wax Stronger – Farah Dagogo 

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A former lawmaker representing Degema/Bonny Federal Constituency in the House of Representatives, Hon. Farah Dagogo, has described the outcome of the 98th National Executive Committee (NEC) meeting of the Peoples Democratic Party (PDP) as another demonstration of the resilience of the party to weather any storm that comes its way.
This is contained in a statement released bythe Special Assistant, Media and Publicity to the estwhile federal legislator, Ibrahim Lawal, at the weekend.
In the build up to the NEC meeting,  suggestions and permutations had been rife of the likelihood of the PDP running into another round of crises as the party tries to navigate a path for the North Central Zone to produce a substantive National Chairman to complete the truncated tenure of former Chairman, Dr. Iyiorchia Ayu.
Speaking on the sidelines of the NEC meeting that saw Umar Damagum retain his position as the party’s Acting National Chairman until the next NEC meeting scheduled for August, Dr Dagogo said those who genuinely have the best interest of the party at heart made timely sacrifices to keep the party firm and afloat.
The former member of the National Assembly said but for the political maturity and sagacity employed by the party’s National Leader and former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC meeting, the party would have ‘played into the hands of some individuals, who wanted the party to implode in order to improve their political fortunes’.
He expressed optimism that by the adjourned date of August, Damagum would have seen that  “it is in the best interest of the party for him to vacate the position for a more purposeful and result oriented leadership’’.
“ For me, the outcome of the NEC meeting was a win-win situation. Against all odds, the party came out unscathed and will continue to wax stronger.
“Yes, the Acting Chairman retained his position, but it is obvious to him now and others that it would be in the best interest of the party for him to vacate that position for a more purposeful and result oriented leadership by August.
“The so called tension generated in the build up to the NEC Meeting was actually orchestrated by the inordinate desire of some few individuals who wanted to thwart the sterling call by party faithful for a review of its failing leadership and directionless.
“ The Party however did not play into the hands of those individuals, who wanted the party to implode in order to improve their political fortunes. Thanks in good measure to the political maturity and sagacity employed by the Party’s National Leader and Former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC Meeting. We are where we are now because of their sacrifices and dedication to the party, “ he added.

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